MINUTES OF THE MEETING OF THE MIDLAND CITY PLANNING
COMMISSION,
WHICH TOOK PLACE ON TUESDAY,
MAY 13, 2008, 7:00 P.M.,
COUNCIL CHAMBERS, CITY HALL, MIDLAND, MICHIGAN
1.
Roll Call
PRESENT: Eyre,
Gaynor, King, Senesac and Svenson
ABSENT: Brown, Hanna,
Kozakiewicz and Mead
OTHERS PRESENT: Keith Baker,
Planning Director; Daryl Poprave, Deputy Planning Director; Cheri King, Community
Development Specialist and 12 others.
The
Chairman announced that Zoning Petition No. 551 has been voluntarily withdrawn in
consideration of the concerns of the surrounding neighbors.
2.
Approval
of Minutes
Moved by Senesac, seconded by King,
to approve the minutes of the regular meeting of April 22, 2008 as corrected. Motion passed unanimously.
3. Public Hearing
a. Zoning
Petition No. 552 initiated by Three Rivers Corporation on behalf of Dublin
enterprises for property
located at 4916 N. Saginaw Road, 4920 N. Saginaw Road and 5000 N. Saginaw Road
from Regional Commercial to Office Service zoning.
Mr. Baker showed an aerial photograph of the subject
property. It is located at the northeast
corner of Dublin and North Saginaw Road.
Universal Drive is to the north.
The property is currently zoned Regional Commercial. It has a Community zoning classification to
the south. The future land use map shows
this as commercial development in the future. This property is proposed for use
as an adult day center for senior citizens.
It would buffer office to the north and Community to the south. The proposed rezoning would promote the
intent of the zoning code. This request
is seeking a zoning classification that is less intensive than what it is
currently zoned. There have been no
changes to this property since the zoning ordinance was adopted. The proposed zoning is consistent with the
surrounding land. It would be consistent
with Community, Office Service and Regional Commercial on either side. All requirements of the zoning classification
could be complied with under the rezoning request. The proposed rezoning is consistent with the
trends in this geographic area. The
property is currently vacant. Staff is
recommending approval of the zoning petition as presented. Two letters were received in support of this
rezoning petition.
Pat Wilson, Executive Director of Senior Services at
Trailside Senior Center, stated their current facility is filled to capacity so
this is an opportunity to expand in the future.
No one spoke in favor or in opposition.
The public hearing was closed.
b. Zoning
Text Amendment No. 147A, initiated by Midland Circle Business Association, Inc.
to consider amending the Zoning
Ordinance to allow the maximum wall and roof signs to change from 40 square feet
to 100 square feet in the Circle zoning district in the City of Midland Zoning
Ordinance.
Mr. Poprave showed the table from the Zoning Ordinance
showing the dimensions of signs allowed in various zoning districts. The proposed amendment is consistent with the
city’s Master Plan. It states to
“protect and promote the viability of various zoning districts”. The adoption of the master plan placed more
emphasis on the future development of this area and this is taking place
today. The rationale for the creation of
the new circle district was that this area had similar characteristics to the
downtown. As time has passed, it has
become apparent that the circle district is very different from the
downtown. It is more vehicular oriented
than pedestrian oriented. Lots of the
businesses are on the arcs of the circle, which makes it challenging for owners
of these businesses to get customers into their establishments. The
petitioner is requesting a 150% increase in allowable signage. Many of the adjacent businesses on Saginaw
Road are in the Regional Commercial zoning district and are allowed to have much
larger signs. These businesses in the
Circle District are only allowed smaller signs.
Staff recommends that this zoning text amendment be approved as
presented. The Planning Commission has
20 letters in support of this zoning text amendment.
David Ginis, 20 Ashman Circle, is representing the
Circle Business District. Having
multiple entrances for many of these businesses poses a problem with the small
amount of signage. If you place a 40 sq.
ft. sign at one entrance, how are people made aware of a rear entrance or a
side entrance? Going from a Regional
Commercial District to the Circle District encounters a large reduction in
signage – from 100 sq. ft. to 40 sq. ft.
This is a significant difference in signage. Mr. Ginis would like to be able to put some
signage on the back of his building as well as on the side of his business.
Mark Smith, 2909 Ashman Circle, stated this zoning
text amendment does not affect him. His
sign is already larger than what is allowed in this district. However, larger signs would ease some of the
congestion when traffic drives through the circle area looking for a particular
business. If someone is at 40 or 50 sq.
ft. now, this would allow additional signs to be placed at multiple entrances,
which many of the Circle businesses have.
Andrew Halldorson, Sleepy Hollow Book Store, Ashman
Circle, asked if we want to see redevelopment on the Circle. When he first moved into his store on the Circle,
you could have 150 sq. ft. of signage.
It was quite a drop to the current limit of 40 sq. ft.
John Quast, 86 Ashman Circle, stated he and his wife
own Material Mart on the Circle. Each of
the three times they relocated, they were looking for reasonable signage to
advertise their business. They have
adequate signage now, however, they would like to
change some of their signage to the rear of their building. There are about three businesses who have about six parking spaces on the Circle side of the
stores, but this is where the majority of their signage is posted.
No one else spoke in opposition to
this request.
The public hearing was closed.
c. Site Plan No. 279
from Wilcox Professional Services on behalf of Bennett Construction, Inc. for site plan review and approval for a 10,620
square foot retail and restaurant located at 221 West Wackerly Street.
Mr. Poprave showed an aerial
photograph showing the subject property.
It is south of West Wackerly, north of Northgage. To the west is the 555 Building. It is the last phase of Wackerly Square. The property was part of zoning petition 547,
which was rezoned to Community. Wilcox
Professional Services has petitioned for a 10,620 sq. ft. retail and restaurant
at this site. The property is zoned Community.
Mr. Poprave stated the setbacks are
not shown, we need a photometric grid for lighting levels, and we would like to
see the zoning boundaries drawn on this site plan. They are proposing 38 spaces in the parking
lot, plus 15 spaces which are shared with an adjacent development. This provides 53 parking spaces where 52 are
required. This requires 7 trees and 56
shrubs, which have been provided for on the site plan. All building setbacks have been adhered to. No additional screening is required, as it is
not adjacent to residential development.
Ingress and egress is via existing driveways. They are sharing a driveway with an existing
site (the MCVI building). They have
existing public sidewalks already constructed. The southwest maneuvering lane
on the south side of the parcel must be 10 feet from the property line. This must be moved up. The dumpster also must be 10 feet from the
property line so it must also be moved.
Adequate utilities service this site.
This site plan must conform with the standard contingencies for all site plans including
the following 11 contingency items.
1. The
stormwater detention system is designed and
constructed
in accordance with the City of Midland Engineering Department specifications.
2. All landscaping shall comply with
Article 6 of the Zoning Ordinance.
3. All exterior lighting shall comply with
Section 3.12 of the Zoning Ordinance.
4. All signage shall comply with Article 8
of the Zoning Ordinance.
5. All parking spaces shall comply with
Section 5.01D3 of the Zoning Ordinance and shall be delineated by the “box”
style striping pattern.
6. All exterior mechanical equipment shall
be screened in accordance with Section 6.02(E)2 of the
Zoning Ordinance.
7. The dumpster shall be set back at least
10 feet from the property line and shall be constructed and screened in accordance
with Section 3.15 of the Zoning Ordinance.
8. The southwest maneuvering lane shall be
re-located or eliminated as it does not conform to the 10 foot minimum setback
per Section 5.01(B)4c1 of the Zoning Ordinance.
9. A photometric grid shall be provided to
show that the exterior lighting complies with the Zoning Ordinance.
10. Driveway access easements and shared
parking agreements shall be provided.
11. A “Statement of Conditions” contract
shall be executed prior to the issuance of a building permit.
Rich Fosgitt, Wilcox Professional
Services, stated they have attempted to meet the current parking
requirements. The building to the west
will be very similar in appearance to the existing MCVI building. There will be potentially two uses in this
building. The front of the building will
be a small retail user and the rear of the building will be used as
offices. The building to east will be a
take-out restaurant type of facility.
They think they will be able to resolve the 10 foot distance from the
south property line and they will submit a revised site plan prior to the next
Planning Commission meeting.
Mr. Eyre asked about the retention
pond. How will it not overflow and affect the surrounding properties? Mr. Fosgitt stated there is an overflow valve
that will redirect the water to another drain if the 100 year flood level is
achieved.
Mrs. Svenson asked how people will
be able to walk between this proposed building and the MCVI building to the
west. Mr. Fosgitt stated he will address
this at the next Planning Commission meeting.
No one spoke in favor or in
opposition to the site plan.
The public hearing was closed.
4. Public
Comments (not related to
agenda items)
None
5. New Business
None
6.
Old
Business
a. Conditional Use Permit No. 29, the request of
Renee Johnson for a group child day care home located at 6112 Partridge Lane.
Mr. Baker showed the address of the subject parcel
is 6112 Partridge Lane, owned by Renee Johnson.
This is for a group child day care.
The property is zoned RA-1 residential.
The property in question is on Partridge Lane, just south of
Wackerly. The predominant zoning in the
area is Residential A-1. It is near
Midland Christian School. The future
land use map shows low and medium density residential land use
designations. A “Group Day Care Home” is
defined in Section 2.02 of the Zoning Code as “a private home in which more
than six (6) but not more than twelve minor children are given care and
supervision for periods of less than twenty-four (24) hours a day.” Staff recommends approval of the request with
the contingencies.
No written public comments have been
received to date. The Planning
Commission held a public hearing on April 22nd and will make their
recommendation on May 13th.
Renee Johnson, 6112 Partridge Lane,
stated she would be happy to answer any questions. There were no questions
Mr. Senesac stated he feels the
contingencies have been met and he will support it. Mr. Eyre and Mr. King agreed.
It was moved by Eyre, and seconded by Senesac to
recommend to City Council approval of Conditional Use Permit No. 29 with the
following contingencies:
1. That
no on-premise signs be permitted
2. That
the hours of operation not extend past 6:00 p.m.
Monday
through Friday.
3. That no exterior or
interior alterations to the building be permitted that would otherwise change
the character or nature of the dwelling as a residential use.
4. That no more than one
additional non-resident adult employee be present at any given time.
Vote on the motion:
YEAS: Eyre,
Gaynor, King, Senesac and Svenson
NAYS: None
ABSENT: Brown,
Hanna, Kozakiewicz and Mead
The motion was approved 5-0.
b. Zoning
Petition No. 550 initiated by Wolverine Bank for property located at 1618
Dilloway Drive from Residential A-1 to Office Service.
Mr. Poprave showed an aerial photograph showing the
subject property, owned by Wolverine Bank.
It is located north of Dilloway and east of Eastman Avenue. There are several single-family homes to the
east. The future land use plan shows
this property being used as office service.
The existing land use map shows this property as vacant. There is some Office Service to the north and
a church across Eastman Avenue to the west.
This property is surrounded on all sides by Office Service zoning. The petition is consistent with the Master Plan. The petition is in accordance with the intent
of the zoning ordinance. The proposed
rezoning will eliminate a “spot zone” in the community. OS is compatible with OS to the north, east
and south. Single-family residential is
to the west, but it is across Eastman Avenue.
Rick Rosinski, 5710 Eastman Avenue,
stated this site was graded today and should be seeded tomorrow. They plan to keep it as green space for the
time being.
Mr. King stated this rezoning is
consistent with the future land use plan.
There is nothing there now and he supports this rezoning. Mr. Eyre stated that it is good to get rid of
the “spot zoning”. Mr. Senesac stated
this property was not available when the bank did their big expansion several
years ago and this will clean up the zoning in this area.
It was moved by Gaynor and seconded
by King to recommend to City Council approval of Zoning Petition No. 550.
Vote on the motion:
YEAS: Eyre,
Gaynor, King, Senesac and Svenson
NAYS: None
ABSENT: Brown,
Hanna, Kozakiewicz and Mead
The motion was approved 5-0.
c. Zoning Petition No. 551 initiated by
Wolverine Bank for property located at 1600 Denver Street from Residential A-1
to Office Service.
This petition has been withdrawn by the petitioner.
d. Site Plan No. 278 from Wolgast
Corporation on behalf of Central Property Development for site plan review and
approval for a 50,000 square foot building located at 2837 Schuette Road.
Mr.
Baker showed an aerial photograph showing this property is located north of
Schuette Drive. This parcel is to the
north and east of their current facility.
The property is zoned Industrial and there is RB Residential to the
north, and light industrial on the west and east. Properties to the north are zoned for
residential and there is a school in this area.
Properties to the west and south are developed for industrial purposes. There is a single point of access. There is no requirement for sidewalks on
industrially zoned property. One
contingency of note would be a requirement to install the fire hydrants in
accordance with the guidelines of the City of Midland Fire Department. This has been done.
Rob
Komyathy, 4835 Towne Center, Saginaw, Michigan, stated this will be a storage
center for several of their properties in Midland. They want to remain in Midland.
Mr.
Senesac stated he believes this meets all the criteria and he supports it with
the contingencies. Mr. Gaynor, Mr. King
and Mr. Eyre agreed.
It was moved by Gaynor, and seconded
by Senesac to recommend to City Council approval of Site Plan No. 278 with the
following contingencies:
1. The stormwater detention
system is designed and constructed in accordance with the City of Midland
Engineering Department specifications.
2. All landscaping shall
comply with Article 6 of the Zoning Ordinance.
3. All exterior lighting
shall comply with Section 3.12 of the Zoning Ordinance.
4. All
exterior signage shall comply with Article 8 of the Zoning Ordinance.
5. All parking spaces
shall comply with Section 5.01D of the Zoning Ordinance and be delineated by
the “box” style striping.
6. The location, access
and flow of the proposed fire hydrants shall be in accordance with the City of
Midland Fire Department specifications.
Vote on the motion:
YEAS: Eyre,
Gaynor, King, Senesac and Svenson
NAYS: None
ABSENT: Brown,
Hanna, Kozakiewicz and Mead
The motion was approved 5-0.
7.
Communications
There were two informational items in the
Planning Commission packets.
8. Report of the Chairperson
None
9. Report of the
Planning Director
The City of Midland
has contracted for new aerial photography of the City so we will have updated
aerial photographs to use in presentations in the future. There will also be oblique imagery, showing
the appearance of buildings in their context with surrounding properties.
There will be two
public hearings at the next Planning Commission meeting, plus decisions on the
three public hearings held tonight.
10. Adjourn
Adjournment at 8:22 p.m. was unanimously approved.
Respectfully submitted,
Keith Baker, AICP
Planning Director
MINUTES ARE NOT FINAL UNTIL APPROVED BY THE PLANNING
COMMISSION